Gentrification in Atlanta: The role of estate planning in land loss
Atlanta has changed.
You can walk down the streets of Old Fourth Ward, West End or Edgewood and witness new luxury apartments, bougie coffee shops, and the ever-climbing cost of living that rivals New York City, pricing out long-time Black residents.
The City is doing its part with programs aimed at helping Atlantans secure affordable housing, but for many neighborhoods, the damage is done. I knew the worst was yet to come when Bankhead became Hamilton E. Holmes (I refuse to call it that). I miss Old Atlanta, partially because New Atlanta means gentrification.
Although gentrification is frequently blamed on outside investors and developers and on rising property taxes, there’s another, less spoken-about issue at play — the absence of estate planning among Black families.
Gentrification doesn’t simply occur when new people arrive; it occurs when families are made to leave, often because they lack the legal means to defend their property.
Black homeowners with no will or trust inadvertently help developers acquire their homes — at a quarter of their value — and flip them for an easy payday.
The overall rate of gentrification in the United States increased markedly after 2000, with nearly one in five lower-income neighborhoods becoming gentrified versus about one in 11 during the 1990s.
The lack of attention to estate planning in the Black community is a paragon of how the failure to plan can indirectly prolong and exacerbate gentrification, effectively increasing the wealth gap.
In the South, we know these stories. Grandma’s property often becomes “heirs’ property” — a legal status that creates unclear or tangled titles that hinder effective management or sale of the property by the heirs and leave it open to predators and developers who can demand partition sales at less than market value. In gentrifying neighborhoods, such units can draw investment from landlords eager to take advantage of soaring property prices.
This isn’t only about real estate. This is about legacy, economic empowerment, and the ability of Black families to remain in the City they built. Without more families taking estate planning to heart, the displacement of Atlanta’s Black communities will only continue to rise. If so, Wakanda has fallen.
The Numbers Don’t Lie: Estate Planning & Land Loss in Atlanta
The lack of estate planning is a significant factor in the displacement of Black families if you consider these staggering facts:
● 72% of Black Americans do not have a will or estate plan, compared to 55% of white Americans, according to a 2023 Caring.com survey. This lack of planning leaves Black-owned property vulnerable to legal disputes, tax foreclosures, and forced sales.
● From 2010 to 2020, the Black population in Atlanta declined by more than 20% in key historic neighborhoods, including Old Fourth Ward, where median home values surged by over 200% in the same period.
● A 2019 report by the Georgia Heirs Property Law Center found that more than $34 billion in property in Georgia has no owner with a clear title due to heirs’ property issues.
● Fulton County alone has thousands of parcels of heirs’ property at risk, and research shows that families who lose their homes due to estate issues often receive only 30-50% of their property’s true market value when forced to sell.
The picture is clear: without estate planning, Black families are losing generational wealth at an alarming rate, fueling the rapid gentrification of Atlanta’s Black communities.
Why the Lack of Estate Planning Fuels Gentrification
Many Black families in Atlanta have owned their homes for generations. Once affordable and passed down informally, these homes are now worth hundreds of thousands—sometimes millions—of dollars due to skyrocketing property values. When an Old Atlanta homeowner dies without an estate plan in a neighborhood like Grant Park, that beautiful old house quickly becomes a liability.
Here’s what happens:
● If there’s no will, Georgia law dictates that the property is divided among all heirs. This is known as heirs’ property—a form of ownership where multiple family members jointly own the home, but no one has clear legal control unless they go through the formal probate process.
● Over time, as more heirs inherit shares, ownership becomes increasingly fragmented. This makes it nearly impossible to get a mortgage, make repairs, or sell the property without unanimous agreement.
● Developers and investors target these homes, offering quick payouts to individual heirs. Once they acquire even one share, they can force a sale or partition through the courts, buying the entire home below-market value.
This is how Black families lose generational wealth over time. It’s how historically Black neighborhoods are turned into high-rises and Airbnbs. This is how we lose.
And it doesn’t just happen in cities. Black farmers own around 2.9 million acres of farmland in the United States, less than 1% of all U.S. farmland. This represents a significant decline from the peak of 16 to 19 million acres of farmland owned by black farmers in 1910.
The High Cost of Doing Nothing
The loss of property isn’t just a personal tragedy—it’s an economic crisis. When Black families lose their homes, they don’t just lose a place to live. They lose:
● Generational wealth – Homeownership is the #1 way black families build and pass down wealth. Losing a home means losing access to economic mobility.
● Community power – When Black families are displaced, they lose their voice in local politics, schools, and economic development in the neighborhoods they helped build.
● Cultural heritage – Many of Atlanta’s historically Black neighborhoods are being erased, replaced by condos and businesses that don’t serve the original residents.
This isn’t just a problem for those directly affected—it weakens Black economic power as a whole. The only way to stop it is for more families to start planning now.
Planning is Key
Gentrification may seem unstoppable, but it doesn’t have to be. It doesn’t matter how much money you make or how much land you acquire if you don’t take the time to pass it to the next generation the right way. The single most potent way for Black families to fight back is through estate planning.
What Estate Planning Can Do:
1. A Will – Ensures that property passes to specific heirs instead of being divided among multiple people. This prevents ownership fragmentation and makes it harder for developers to buy out individual shares.
2. A Trust – A revocable living trust allows the property to transfer outside of probate, avoiding legal disputes and keeping it in the family’s control.
3. A Family LLC – If multiple heirs own a home, creating an LLC helps consolidate ownership. This can prevent forced sales and make it easier to maintain the property.
4. A Buyout Plan – Some heirs may want to sell, while others want to keep the home. A prearranged buyout agreement ensures those who wish to sell are fairly compensated without jeopardizing the entire property.
Many people assume estate planning is too expensive or unnecessary. But the reality is that the cost of not planning is much higher. Losing a home to probate court, developers, or unpaid property taxes can instantly wipe out an entire family’s wealth.
Act Now: Our Future Depends on It
Estate planning isn’t just about property—it’s about protecting the future of Black Atlanta. If we want to keep our communities, we must start thinking long-term.
Here’s what you can do today:
1. Start the Conversation – Talk to your parents, grandparents, and siblings about estate planning. No matter how uncomfortable it gets, make sure there’s a clear plan for the family home.
2. Make an Estate Plan – Work with an attorney to create a will, trust, or LLC that protects your property from probate and forced sales.
3. Pay Attention to Property Taxes – Many homes are lost simply because property taxes aren’t paid. Make sure taxes are up to date.
4. Know Your Rights – There are local organizations that help Black families fight against land loss and gentrification. Seek out legal resources.
Atlanta’s Black communities built this City. They should not be pushed out of it. Gentrification is a real and pressing issue, but with proper planning, Black families can fight back.
The time to act is now. Your legacy matters.
